Sec. 121.305.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY:  ASSESSMENT PROCEDURE.  (a)  An administrative penalty may be assessed under Section 121.304 only after a gas utility charged under Section 121.304 has been given an opportunity for a public hearing.
(b)  If a public hearing is held, the railroad commission shall make findings of fact and shall issue a written decision as to the occurrence of the violation and the penalty amount warranted by the violation, incorporating, if appropriate, an order requiring that the penalty be paid.
(c)  If appropriate, the railroad commission shall consolidate the hearings with other proceedings under Section 121.304.
(d)  If a gas utility charged under Section 121.304 fails to take advantage of the opportunity for a public hearing, an administrative penalty may be assessed by the railroad commission after it has determined:
(1)  that a violation occurred;  and
(2)  the penalty amount warranted by the violation.
(e)  After assessing an administrative penalty, the railroad commission shall issue an order requiring the penalty to be paid.
(f)  Not later than the 30th day after the date an order is issued finding that a violation described under Section 121.304 occurred, the railroad commission shall inform the gas utility found in violation of the amount of the penalty.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.